FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WATERWAYS IRELAND - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Ms Treacy |
1. An Appeal of an Adjudication Officer's Decision No(s)ADJ-00017721 CA-00022887-001
BACKGROUND:
2. The Union on behalf of the Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 25 April 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20 September 2019.
DECISION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The matter before the Court involves the outcome of engagements between the worker and management of the employer as regards whether the worker would carry a mobile phone when working alone near water. At various stages of those engagements the worker agreed that he would carry such equipment but ultimately refused to do so.
This Court can make no recommendation which could impinge in any way upon the duty of the employer to ensure a safe working environment. The Court therefore considers this matter solely in industrial relations terms.
The effective conduct of industrial relations requires both parties to exercise common sense and pragmatism.
The Court has considered all aspects of the history of this matter and the nature of the matter at issue. At the most basic level of industrial relations the proposal of the employer that the worker carry a mobile phone supplied by the employer carried no threat to any term or condition of employment of the worker. The employer, having regard to matters of health and safety, has submitted in fact that the matter before the Court is one arising from the attempts of the employer to enhance the working environment of the worker having regard to his health and safety.
In all of the circumstances, the Court finds that the worker’s refusal to carry a mobile phone as requested was unreasonable. The Court further finds that it was not unreasonable of the employer to impose a significant sanction in response to the worker’s refusal.
The Court therefore determines that the sanction imposed on the worker should stand and that it should expire on the scheduled date.
The Court so decides.
Signed on behalf of the Labour Court
Kevin Foley
DC______________________
23 September 2019Chairman
NOTE
Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.